of change have occurred. Alternatively,
he may plot the subjects and depict the boundaries by peckedlines. A note will be added to the face
of the plan in the following terms:The
boundaries shown by dotted lines have been plotted from the deeds. Physical boundaries
willbe indicated
after their delineation on the ordnance map.If,
at some suitable time in the future, the ordnance map shows the physical boundaries,
updatedplans will
be prepared. Where subjects are not depicted on the ordnance map, the evidence
whichthe Keeper
will require must include boundary measurements.
The evidence must also includesufficient additional information
to enable him to determine the location
of the subjects withreference
to some fixed points shown on the ordnance map.5.
Where, in respect of some of the boundaries, reference to the ordnance map shows
no physicalboundaries,
the Keeper will show those boundaries on the title plan by pecked lines as in
4 above,and,
for the remaining boundaries for which physical boundaries are disclosed, proceed
as (in 1 to 3)above.Survey instructed by the Keeper4.28 The discrepancy in situation
3 above, between the deed plan or other evidence presented to theKeeper and the ordnance map, may be
too large for the Keeper to resolve. He may then instruct a surveyby the Ordnance Survey in order
to establish the true position as regards the physical boundary. Theexpense of any such survey is borne
by the Keeper, unless the registration is a voluntary one in either anoperational or non-operational
area. The Keeper may, however, seek recompense for the cost
of anysurvey
which subsequently proves the ordnance map to be correct and which confirms the
discrepancyhas
arisen through incomplete or erroneous information
supplied in support of the application forregistration.If there is a physical object such
as a wall or fence close to a boundary, but not itself forming the legalboundary (for example, a railway fence),
it will be helpful if the applicant so informs the Keeper. Suchinformation can be useful and may avoid
an unnecessary survey or exclusion of indemnity.Where
indemnity is excluded4.29 If
the applicant, after receipt of the land certificate, is dissatisfied with exclusion
of indemnity, hehas
a right of appeal to the Lands Tribunal in terms of section
25. In practice, the Keeper will notproceed
to issue a land certificate containing an exclusion of indemnity without first
consulting theapplicant.
Prescription may of course operate in favour of the applicant as regards the part
from whichindemnity
has been excluded (section
10). In some cases, remedial conveyancing
or a Section 19Agreement may resolve matters. Where
a boundary discrepancy comes to his notice, the Keeper willnot take it on himself to make any
approach to the neighbouring proprietor.Line
of boundary in relation to a physical object4.30 On
first registration of subjects, the Keeper may indicate either by means of blue
letters and arrows,or
by a black arrow, the line of the boundary in relation to the physical object,
as disclosed in the relevantdeed
accompanying the application. If the boundary is indicated by the arrow and lettering
method, the